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25993

Hotel Employees and Restaurant Employees International Union, Local 662, et al. v. Future Inns Canada Inc., et al.

(Nova Scotia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1998-06-10 Close file on Leave
1997-11-13 Copy of formal judgment on leave being prepared, all parties
1997-11-07 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Nova Scotia (Halifax)
1997-09-25 Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for extension of time is granted and the application for leave to appeal is dismissed.
Dismissed, no order as to costs
1997-09-25 Decision on motion to extend time to file and /or serve the leave application, LaF G Ma
Granted, no order as to costs
1997-09-25 Hearing of motion to extend time to file and/ or serve the leave application, 1997-09-25, LaF G Ma
1997-09-25 Submission of motion to extend time to file and/ or serve the leave application, 1997-09-25, LaF G Ma
1997-09-25 Notice of deposit of judgment issued to all parties, Public Prosecution Service (Halifax, NS)
1997-09-25 Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON)
1997-09-25 Notice of deposit of judgment issued to all parties, Pink, Breen, Larkin (Halifax, NS)
1997-09-25 Notice of deposit of judgment issued to all parties, Blair Mitchell (Halifax, NS)
1997-09-12 Correspondence received from, from Stephen Grance to A. Roland, letter dated Sept. 12, 1997 (fax copy) re: will not be taking any position with respect to the motion to extend the time Labour Relations Board (Nova Scotia)
1997-09-10 Applicant's reply to respondent's argument, of Future Inns 5 copies sent to LaF, G, Ma, Sept. 12/97, with service, Completed on: 1997-09-10 Hotel Employees and Restaurant Employees International Union, Local 662
1997-09-04 Affidavit, to file the respondent's memorandum to Sept. 9, 1997 (Susanna Ho) - 5 copies sent to LaF G Ma, Sept. 5/97, with service Future Inns Canada Inc.
1997-09-04 $50.00 filing fee for a notice of motion, receipt no. 34670 Future Inns Canada Inc.
1997-09-04 Motion to extend time, to file the respondent's memorandum to Sept. 9, 1997 (5 copies) sent to LaF G Ma, Sept. 5/97, with service, Completed on: 1997-09-04 Future Inns Canada Inc.
1997-09-04 Respondent's response on the application for leave to appeal, 5 copies sent to LaF G Ma, Sept. 5/97, with service, Completed on: 1997-09-04 Future Inns Canada Inc.
1997-08-08 All materials on application for leave submitted to the Judges, LaF G Ma
1997-08-07 Correspondence received from, (by fax) from Blair H. Mitchell; re: anticipate it will yet be another few weeks before the response is filed Future Inns Canada Inc.
1997-07-09 Proof of service, of response (admitted on June 13/97)
1997-06-16 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-06-16 Labour Relations Board (Nova Scotia)
1997-06-04 Decision on motion to extend time to file and /or serve the leave application, The time for serving and filing the application for leave to appeal is extended to May 16/97, Co
Granted, no order as to costs
1997-06-04 Hearing of motion to extend time to file and/ or serve the leave application, 1997-06-04, The time for serving and filing the application for leave to appeal is extended to May 16/97, Co
1997-06-04 Submission of motion to extend time to file and/ or serve the leave application, 1997-06-04, The time for serving and filing the application for leave to appeal is extended to May 16/97, Co
1997-06-02 Correspondence received from, from L. Poirier of Justice to M. Larmour, letter dated June 2, 1997 (fax copy) re: does not intend to participate with regards to the motion to extend the time Labour Relations Board (Nova Scotia)
1997-05-30 Correspondence received from, from David Roberts of Pink, Breen to M. Larmour, letter dated May 30, 1997 (fax copy) re: reply the the respondent's response on motion to extend the time Hotel Employees and Restaurant Employees International Union, Local 662
1997-05-30 Correspondence received from, sent to Blair Mitchell (Halifax, NS) enclosing copy of letter dated May 30/97 sent to applicant
1997-05-30 Correspondence received from, sent to Public Prosecution Services (Halifax, NS) enclosing copy of letter dated May 30/97 sent to applicant
1997-05-30 Correspondence received from, sent to Beament, Green, Dust enclosing copy of letter dated May 30/97 sent to applicant
1997-05-30 Correspondence received from, sent to Pik, Breen, Larkin (Halifax, NS) to acknowledge receipt of material commencing a proceeding together with filing fee
1997-05-29 Correspondence received from, from Blair Mitchell to M. Larmour, letter dated May 29, 1997 (fax copy) re: submits that the motion for extension of time be considered at this time and leave be considered separately Future Inns Canada Inc.
1997-05-27 Correspondence received from, (by fax) from David J. Roberts; re: will be filing 1 reply to the extension of time and the response Hotel Employees and Restaurant Employees International Union, Local 662
1997-05-26 Correspondence received from, from Blair Mitchell to M. Larmour, letter dated May 23, 1997 re: enclosing 3 copies of a response to extend the time to file the application for leave to appeal; further submission will be filed in response to the application for leave to appeal within th Future Inns Canada Inc.
1997-05-26 General proceeding, 3 copies of Affidavit of Blair Mitchell in response to the motion to extend the time - book form Future Inns Canada Inc.
1997-05-26 General proceeding, 3 copies of Memorandum in response to the motion to extend the time - book form Future Inns Canada Inc.
1997-05-16 $50.00 filing fee, receipt no. 34140 Hotel Employees and Restaurant Employees International Union, Local 662
1997-05-16 Application for leave to appeal, 5 copies (service admitted on May 15, 1997), with service, Completed on: 1997-05-16 Hotel Employees and Restaurant Employees International Union, Local 662
1997-05-16 Affidavit, to May 16, 1997 (Paul Burgwin) (included in the application for leave to appeal), with service Hotel Employees and Restaurant Employees International Union, Local 662
1997-05-16 Motion to extend the time to file and or serve the application for leave to appeal, to May 16, 1997 (included in the application for leave to appeal), with service, Completed on: 1997-05-16 Hotel Employees and Restaurant Employees International Union, Local 662

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Hotel Employees and Restaurant Employees International Union, Local 662 Applicant Active
Dearman, Jean Applicant Active
Rafuse, Gloria Applicant Active
Milligan, Cindy Applicant Active
Rafuse, Linda Applicant Active
Hubley, Patricia Applicant Active

v.

Main parties - Respondents
Name Role Status
Future Inns Canada Inc. Respondent Active
Labour Relations Board (Nova Scotia) Respondent Active
Attorney General of N.S. representing Her Majesty the Queen in the Right of the Province of N.S. Respondent Active
Director of Public Prosecutions Respondent Active

Counsel

Party: Hotel Employees and Restaurant Employees International Union, Local 662

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Dearman, Jean

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Rafuse, Gloria

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Milligan, Cindy

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Rafuse, Linda

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Hubley, Patricia

Counsel
Gordon N. Forsyth
Pink, Breen, Larkin
1583 HOLLIS ST 4TH FL
PO BOX 160
HALIFAX, Nova Scotia
B3J 2M4
Telephone: (902) 423-7777
FAX: (902) 423-9588

Party: Future Inns Canada Inc.

Counsel
Blair Mitchell
1226 HOLLIS ST
PO BOX 1063
HALIFAX, Nova Scotia
B3J 2Y3
Telephone: (902) 425-7767
FAX: (902) 425-3224

Party: Labour Relations Board (Nova Scotia)

Counsel
Louise Walsh Poirier
Attorney General of Nova Scotia
400 - 5151 Terminal Rd
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5896
FAX: (902) 424-1730
Agent
Stephen J. Grace
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Attorney General of N.S. representing Her Majesty the Queen in the Right of the Province of N.S.

Counsel
Louise Walsh Poirier
Attorney General of Nova Scotia
400 - 5151 Terminal Rd
P.O. Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5896
FAX: (902) 424-1730
Agent
Stephen J. Grace
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Director of Public Prosecutions

Counsel
Gary Holt, Q.C.
Public Prosecutions Service
5151 TERMINAL RD 3RD FL
PO BOX 7 STN CENTRAL RPO
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-5450
FAX: (902) 424-0653

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

August 9, 1996
Supreme Court of Nova Scotia, Trial Division

126737

Application dismissed

February 26, 1997
Nova Scotia Court of Appeal

131106

Appeal allowed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27